Animals enrich our lives in countless ways, offering companionship, love, and support. According to Psychiatry.org, nearly one-third of pet owners say that their pets are their true friends and provide companionship (65%).
However, not all animals are the same when it comes to their roles and legal rights.
Understanding the distinctions between service animals, emotional support animals (ESAs), and pets is crucial, especially for those who rely on animals for assistance or seek clarity about their responsibilities as pet owners or landlords. Keep reading to learn more.
1. Service Animals
Service animals are specially trained to perform specific tasks that assist individuals with disabilities. These animals (typically dogs) are highly skilled in helping with physical, sensory, psychiatric, intellectual, or other disabilities.
For example, a guide dog may help someone who is visually impaired navigate their environment, while a medical alert dog might detect changes in blood sugar levels for someone with diabetes.
Legal Protections
Under the Americans with Disabilities Act (ADA), service animals are granted broad rights to access public spaces, including restaurants, stores, and public transportation. They are not considered pets but working animals, which means their presence is protected even in places where pets are not allowed.
Behavior Expectations
Service animals must be well-behaved, focused on their duties, and non-disruptive. Businesses can ask if the animal is a service animal and what tasks it performs, but they cannot demand proof of certification.
2. Emotional Support Animals (ESAs)
Emotional support pets provide comfort and companionship to individuals with mental health conditions, such as anxiety, depression, or PTSD. Unlike service animals, ESAs are not trained to perform specific tasks; their mere presence alleviates symptoms of emotional distress.
Legal Protections
ESAs have fewer legal rights compared to service animals. Under the Fair Housing Act (FHA), individuals with mental health animals may live with their animal in housing that typically has a "no pets" policy. Landlords cannot charge additional pet fees for ESAs but can request documentation from a licensed healthcare professional confirming the need for the animal.
However, therapy animals are not granted access to public places like restaurants or stores under the ADA.
Behavior Expectations
While ESAs do not require specialized training, they are expected to be well-behaved and not pose a risk to others. Owners can be held liable if their ESA causes harm or damage.
3. Pets
Pets are animals kept primarily for companionship and recreation. They do not provide specific health-related support, though they often improve the emotional well-being of their owners. Dogs, cats, birds, fish, and even reptiles are common examples of pets.
Legal Protections
Pets do not have the same legal rights as service animals or ESAs. They are subject to local regulations, including leash laws, breed restrictions, and housing policies.
Support Animals - Understand the Various Types and Legalities
Ignorance is never bliss when it comes to emotional support animals and their legal nuances. If you're a landlord, you need to understand this particularly well so you don't get into trouble.
Rental Network Property Management Inc., based in the El Paso, Texas area, will take care of all these legalities for you and more. For over 20 years, we have been providing excellent full-service property management services to our clients.
Contact our team to learn how we can help your rental property business.